Order of the General Court of 21 December 2023 – Broad Far (Hong Kong) and M21 v Commission
(Case T-791/22) 1
(Action for annulment – Public health – Withdrawal of certain exemptions for heated tobacco products – Lack of individual concern – Inadmissibility)
Language of the case: Italian
Parties
Applicants: Broad Far (Hong Kong) Ltd (Wan Chai, Hong Kong, China), M21 Srl (San Donato Milanese, Italy) (represented by: F. Specchiale, lawyer)
Defendant: European Commission (represented by: H. van Vliet, D. Recchia and F. van Schaik, acting as Agents)
Re:
By its action under Article 263 TFEU, the applicants seek, first, the annulment or the non-application of Article 27(2) of Directive 2014/40/EU of the European Parliament and of the Council of 3 April 2014 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products and repealing Directive 2001/37/EC (OJ 2014 L 127, p. 1), and, secondly, the annulment of Commission Delegated Directive (EU) 2022/2100 of 29 June 2022 amending Directive 2014/40/EU of the European Parliament and of the Council as regards the withdrawal of certain exemptions in respect of heated tobacco products (OJ 2022 L 283, p. 4).
Operative part of the order
1. The action is dismissed.
2. There is no longer any need to adjudicate on the applications to intervene submitted by the French Republic, the European Parliament and the Council of the European Union.
3. Broad Far (Hong Kong) Ltd and M21 Srl shall bear their own costs and pay those of the European Commission, with the exception of those relating to the applications to intervene.
4. Broad Far (Hong Kong), M21, the Commission, the French Republic, the Parliament and the Council shall each bear their own costs relating to the applications to intervene.
____________
1 OJ C 71, 27.2.2023.